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Petition for Special Leave to Appeal No. 63 of 1968, decided on 27th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 29th November 1967, in Writ Petition No. 684/67).
, Sched., Part II and Settlement Scheme No. VIII‑Property already transferred prior to promulgation of Settlement Scheme No. VIII‑Not available for transfer to a local after promulgation of Scheme.
Saeedur Rahman Khan, Advocate Supreme Court instructed by Raja Abdur Razzaq, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 27th June 1968.
‑The property in dispute bearing No. 8/183, situated in the Main Bazar, Lala Musa, consisting of a house and a shop, was transferred as a single entity to the respondent, Muhammad Hussain‑a displaced person. The P. T. O. was issued to him in 1959 and the P: T. D. in January 1966. Muhammad Hussain has since transferred a portion , of the property to respondent Sh. Sanaullah.
The petitioner protested against the transfer of the shop which he claimed was separate from the house and of which he was in possession as a local. He submitted miscellaneous applica tion to the authorities but did not file a regular appeal in spite of being told to do so until the 30th of October 1966 when it had become hopelessly time‑barred and was rejected as such.
The petitioner's plea that he did not submit an appeal because as a local he did not have a locus standi until the promulgation of Scheme No. 8, on the 16th of November 1965, was rightly repulsed by the Settlement Authorities on the ground that the property having already been disposed of, was not available for transfer under Scheme No. 8 and also because, the petitioner filed his appeal after the lapse of 11 months even from the date of the promulgation of the Scheme.
No fault can be found which the action of the Settlement authorities. The petitioner's Writ Petition, in the High Court, was rightly turned down and we dismiss this petition.
Leave refused.
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